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  • Article

    Court Of Appeal Warns Employers: Exercising Your Rights Under A Termination Clause In Fixed Term Contract Requires Good Faith

    In a recent decision, the Ontario Court of Appeal ruled that although the Company had an unfettered right to terminate an independent contractor's fixed term contract ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Exclusive Arbitral Jurisdiction Over Ltd: Court Of Appeal Confirms No Ability To Sue For Disability Where A Collective Agreement Governs Benefits

    In workplaces governed by a Collective Agreement, the Agreement reigns supreme. Any and all terms and conditions of employmen...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ho! Ho! Hoping To Stay Out Of Trouble? Ccpartners' Tips For A Safe And Fun Holiday Party!

    Hosting a holiday party is a great way to thank your employees for their hard work and to celebrate your company's successes in the last year.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Avoiding The Word "Severance" Doesn't Mean You Didn't Receive it

    A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    The UFC Illustrates A Cautionary Tale - Does The "U" Now Stand For "Unionized"?

    If you have been following mainstream mixed martial arts ("MMA") for very long, like I have, it does not come as much of a surprise that a select group of athletes are purporting to have formed...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    We Like Your Styles, Alberta Court Of Appeal: No Good "Bhasin" For Ignoring Employer's Bonus Language Upon Termination

    You will recall that, in May of this year, CCP's own Susan Crawford was successful at the Ontario Court of Appeal, when that court upheld the trial decision in Kielb v. National Money Mart Company.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    2015 IN REVIEW – A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

    Over the course of the year, CCP blogged these developments – here is a recap of our "top 10" cases and most significant changes along with links to the original blogs.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    A Sharp Reminder: Doctor's Notes, Last Chance Deals, And Credibility In The Workplace

    An industrial butcher with three years' seniority learned the hard way that his Last Chance Agreement was not to be trifled with. In UFCW, Local 175 & 633 v. Cargill Limited (Dunlop)...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Déjà Vu All Over Again: Ontario Court Strikes Down Termination Language And Awards Generous Notice Period

    This has been a common theme in recent months for the Employer's Edge, but once again, an employer's contractual termination language...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario's Court Of Appeal Refuses To Reinstate Jail Sentence In Occupational Health And Safety Case

    Back in 2017, CCPartners blogged about a Summary Appeal decision in which a sentence of a $500,000 corporate fine and jail sentences for the two directors was overturned.
    CanadaLitigation, Mediation & Arbitration
    CCPartners
    CCPartners
  • Article

    2018 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

    2018 was a tumultuous year for employers with significant changes to workplace legislation both provincially and federally ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    COVID-19 Provincial Update: Ontario Extends Emergency Orders Until May 29

    The Ontario government has announced that it will be extending all emergency orders that have been put in place to-date under section 7.0.2(4) of the Emergency Management and Civil Protection Act until May 29, 2020.
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    Ontario To Introduce Paid Covid-19 Leave

    The Ontario government has announced that they will introduce legislation that would, if passed, require employers to provide employees with up to $200 of pay for up to three days...
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    A Reckless Disregard For Safety Is Cause For Termination

    A recent Ontario arbitration decision has illustrated that a serious workplace safety incident can lead to termination.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Breaking News: Break For Employers On Holiday Pay

    Yesterday the Ontario government announced that it would undertake a review of the Public Holiday System under Part X of the Employment Standards Act, 2000 ("ESA").
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Close Only Counts In Horseshoes: Court Confirms Termination Clause That "Potentially" Violates ESA Not Enforceable

    At CCP, we are big believers in the value of a well-written employment agreement to reduce liability at the point of a dismissal on a non-cause basis.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Enforceable But "Harsh" Termination Provision Defeated By Lack Of Notice

    The Employers' Edge blog has written extensively about the challenges of drafting an enforceable termination provision.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Federal Update: Government Announces Large Employer Emergency Financing Facility Loan Program An Expansion Of Business Credit Availability Program

    Earlier this morning, the government announced two additional measures to support employers through the COVID-19 pandemic. The government's press release can be found here. First, the government introduced...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Levelling The Federal Playing Field In Union Certification/Decertification

    Just prior to beginning the holiday season themselves, the Senate of Canada gave federally regulated employers an early gift: the passing of Bill C-525.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Money Doesn't Matter!

    As employer counsel, it is not unusual for us to hear from a client that poor financial circumstances mean that the employer cannot afford to pay common-law reasonable notice to its departing employees.
    CanadaEmployment and HR
    CCPartners
    CCPartners

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